Request for Tender
Design and Construction of
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page i
IMPORTANT NOTE
This document has been developed by the Roads and Maritime Services for use by the Roads and
Maritime Services.
This document is not to be used, reproduced, modified or adapted in any way or for any other
purposes without the prior written consent of the Roads and Maritime Services.
Requests and enquiries concerning use, reproduction, modification or adaptation are to be
addressed to:
General Manager Commercial
Roads and
Maritime Services
Level 1
20-44 Ennis Road
Milsons Point, NSW 2061
.
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page ii
Table of Contents
1.
PROJECT ISSUES
1
1.1
General
1
1.2
Approvals
1
1.3
Information Documents and Deed of Disclaimer
1
1.4
Site Conditions
1
1.5
Status of Existing Design
3
1.6
Project Deed
3
1.7
Contractor Performance Reporting
3
1.8
Sharing of Information Between Government Agencies
4
1.9
RMS Statement of Business
Ethics
4
1.10
Dispute Avoidance Board
4
1.11
Tenderer’s Offer
4
2.
TENDER EVALUATION PROCESS
5
2.1
Probity Adviser
5
2.2
Evaluation for Recommended Tenderer
5
Table 1: Tender Evaluation Criteria
6
Table 2: Application of Tender Information to Evaluation Criteria
7
2.3
Evaluation of Project Verifier
10
Table 3: Project Verifier Evaluation Criteria
10
2.4
Evaluation of Dispute Avoidance Board Nominees
11
3.
TENDER SUBMISSION REQUIREMENTS
12
3.1
Tender Options
12
3.2
Details Required
13
Table 4: Planting Schedule
17
Table 5: Seeding Schedule
18
4.
TENDER CONDITIONS
32
4.1
General
32
4.2
Conforming Tender Requirements
32
4.3
Late Tenders
36
4.4
Tenderer to Inform Itself
37
4.5
Non-Conforming Tenders
37
4.6
Pre-requisites to Acceptance
37
4.7
Acceptance of Tenders
38
4.8
Costs of Tendering
39
4.9
Matters Affecting the Tender Price
40
4.10
Compliance with NSW Government Policies and
Guidelines
40
4.11
Building Code and Australian Government Work Health and Safety Accreditation Scheme 42
4.12
RMS Data
45
4.13
Information Documents
46
4.14
Meetings
46
4.15
Confidentiality and Public Access to Information
48
4.16
GST
50
4.17
Probity Deeds
50
4.18
Exclusion of Tenderer for Breach
50
4.19
Changes to Participants in a Tenderer
51
4.20
Privacy Act Compliance
51
4.21
Errors and Amendments
52
4.22
Definitions and Interpretation
52
APPENDIX 1 - DEED OF DISCLAIMER
56
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page iii
SCHEDULE A – Information Documents
62
SCHEDULE B – RMS Geotechnical Data
63
SCHEDULE C – RMS Flood Data
66
SCHEDULE D – RMS Noise Data
67
APPENDIX 2 – TENDER FORM AND STATUTORY DECLARATION
69
TENDER FORM
70
ANNEXURE 1 TO TENDER FORM – Schedule of Compliance with NSW Government’s
Implementation Guidelines to the NSW Government Code of Practice for Procurement
78
ANNEXURE 2A TO TENDER FORM – Declaration of Compliance with Building Code
82
ANNEXURE 2B TO TENDER FORM – Confirmation of WHS Accreditation
88
STATUTORY
DECLARATION
89
APPENDIX 3 – INFORMATION FOR INITIAL PROJECT PLANS & SKILLS
DEVELOPMENT AND TRAINING TARGETS
90
ATTACHMENT 1: PROJECT DEED
97
ATTACHMENT 2: PROJECT DEED EXHIBIT A – SCOPE OF WORKS AND TECHNICAL
CRITERIA
98
ATTACHMENT 3: PROJECT DEED EXHIBIT B – SITE ACCESS SCHEDULE
99
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page iv
1.
PROJECT ISSUES
1.1
G
ENERAL
(a)
RMS seeks Tenders from the short listed applicants to design and construct the Project Works,
Landscaping Maintenance and Temporary Works.
(b)
Tenderers must not rely upon the contents of clause 1 (Project Issues) of this Request for Tender
and must refer to the detailed documents.
(c)
The primary obligation of the Contractor is to design and construct the Project Works and
Temporary Works and perform the Landscaping Maintenance in accordance with the
Project
Deed including its schedules and exhibits.
1.2
A
PPROVALS
(a)
The Project Works have been the subject of environmental impact studies and Approvals.
Approvals obtained to date are contained in the Environmental Documents. The Environmental
Documents are included as an Exhibit to the Project Deed and Appendix 4 to the Scope of Works
and Technical Criteria.
(b)
Unless otherwise directed by RMS, the successful Tenderer must obtain all Approvals (except
those Approvals specified in Schedule 41 to the Project Deed), including environmental
Approvals, and any Approvals associated with its methodology and any design required to
undertake the Contractor's Work. The successful Tenderer will be required to meet all conditions
attached to all Approvals, including all RMS obligations identified in
the Environmental
Documents, unless specifically stated otherwise in Schedule 28 to the Project Deed.
1.3
I
NFORMATION
D
OCUMENTS AND
D
EED OF
D
ISCLAIMER
(a)
Each Participant in the Tenderer has executed a Deed of Disclaimer in the form which appears in
Appendix 1 to this Request for Tender and RMS has, in accordance with the terms of that Deed
of Disclaimer, provided Tenderers with the Information Documents referred to in Schedule A to
the Deed of Disclaimer.
(b)
RMS may at any time and from time to time issue for the information only of Tenderers further
Information Documents.
1.4
S
ITE
C
ONDITIONS
1.4.1
Investigations and data
1.4.1.1
Site Conditions
(a)
RMS has caused to have undertaken field geotechnical and contamination investigations in the
area of and adjacent to, the Construction Site. Outputs of these investigations are included or
identified in some of the Environmental Assessment Documents (including its associated
Appendices) and some of the Information Documents.
(b)
Tenderers are advised that geotechnical and contamination assessment assumptions and
interpretations made in the Environmental Assessment and associated Appendices and in the
Information Documents are entirely for the purposes of assessing environmental impacts,
developing the Environmental Assessment documents and to assess the options for the Project
and must not be relied upon by Tenderers for the purposes of preparing their Tenders, except as
acknowledged by RMS in clause 10.2(f) of the Project Deed. Tenderers must make their own
assessment of the geotechnical and contamination conditions to be found in the area of and
adjacent to the Construction Site. Information concerning the geotechnical and contamination
conditions, whether contained in
an Information Document or not, is for Tenderers' information
IC-DC-C92
D&C Request for Tender
Edition 1, Revision 21, September 2017
Page 1